Gov. Rick Perry announced he had added legislation that would make it illegal for TSA agents to engage in “intrusive touching” at airports security checkpoints without probable cause to the list of items for the legislature to consider during the special session.

The measure had previously failed to muster enough support in the Texas Senate to come up for a vote because the Justice Department wrote a scathing memo against the bill, which threatened legal action against the state, and the measure became enmeshed in Senate politics.

There are questions about what impact the legislation might have since airport security is a federal matter.

Lt. Gov. David Dewhurst, who was accused of lobbying against the bill in May said he was “pleased” by Perry’s decision.